An Analysis of issues of Alternative Dispute Resolution
Author- Shikha Mishra
Designation- Law Scholar
An Analysis of issues of Alternative Dispute Resolution
ADR or Alternative Dispute Resolution is a highly regarded term and it's become a necessity in these times. It is referred to as the short litigation process. It's a really helpful method during which the parties get an agreement with the assistance of a third party. While this method has been criticized by many popular parties and advocates, this method has lots of positive responses and also a large recognition in our country. ADR consists of methods like mediation, conciliation, arbitration, etc. that help the parties to induce their issues solved without even visiting the court. During this method, parties to merger and acquisition transactions have also increased to a better extent. The most reason why people are attempting to adopt this method is that it's cheap as compared to litigation and cuts down plenty of duration as compared to the lengthy litigation process. Our courts have crores of pending cases whereas ADR helps a lot in reducing the burden of cases within the court largely. In our country, ADR isn't a replacement concept and was also provided under Arbitration Act, 1940.[i]
To form the concept of ADR vaster and more conceptualized, our Judiciary had introduced section 89, and the Code of Criminal Procedure was amended too. Talking about section 89(1) of the Criminal Procedure code, 1973, says that the parties have the supply of solving their disputes outside court. It broadly classifies that if the parties aren't in the slightest degree satisfied with the litigation proceedings, they'll take up alternative means of resolution like Mediation, Arbitration, conciliation, or Judicial Settlements. India needs ADR because we have an extremely slow litigation system.
India is additionally promoting the Lok Adalat system in villages and a few states where people can get their problems solved with ease. Many research organizations have made detailed studies on ADR and that they have found positive outcomes. This method has earned plenty of positive responses among people. Although there are many advantages during this system, there are certain issues too which can be dealt with under this text. These are certainly important issues which had to be addressed and it requires plenty of attention. Issues: ADR system as mentioned earlier has lots of recognition in our country in recent years. While this method is cost-efficient and utilizes lots of your time, certain issues must be looked into and if these issues are solved, then ADR will become lots more settled and proper process. the problems which come under ADR are enumerated as follows:
1. The primary issue is that the choices which are made under this technique aren't in the slightest degree guaranteed. Sometimes, one party won't conform to the choice given by the third party, and also therefore it results in plenty of confusion within the end. Also, the courts won't even opt to review the orders given by the Arbitrators or Mediators.
2. The second issue is that the ADR Process is not standardized till now and since of which individuals won't conceive to invest their time and money in such process and within the end, they like litigation.
3. The third Issue which comes up here is that the Third Party will charge fees on the premise of your time taken and also on the idea of recognition. But within the court of law, the Judge doesn't charge any amount for his time or judgment given.
4. The Fourth issue is on the particular undeniable fact that the parties under this process are given a very limited amount of protection and Ergo, they're not extended due to the actual fact that these protection rules are really different as compared to the litigation rules.
5. The Fifth and also the last important Issue which comes under is that under ADR, the Third Party can only solve the matters which are civil like family disputes, cheque bounce, construction disputes, work-related issues, etc. There aren't any proper guidelines set for the third parties so as to resolve injunctive matters i.e. criminal or matters belonging to the other variety of nature. the most reason which comes up here is that there no proper laws or acts under which the third parties can actually solve the matters belonging to other nature.[ii]
Conclusion: In conclusion, Alternative Dispute Resolution (ADR) may be great for getting justice. Because Alternative Dispute Resolution easy to resolve the matter because it's cost-effective, speedy disposal, expertise, accessible, give conciliation between parties, less formality involved, and fewer adversarial. In Alternative Dispute Resolution, each conflict that happens will get resolve with good steps. This is often because Alternative Dispute Resolution has done provide anyways to solve the issues. It's because in Alternative Dispute Resolution allow both parties asked a third party to visit court. But both parties should ask the person will often be a lawyer or other expert who is acts as an arbitrator. Besides that, the parties also must conform to be bound by this judgment.
So, Alternative Dispute Resolution many giving benefit to their customers because Alternative Dispute Resolution is between small matters for solve all conflict. Alternative Dispute Resolution can resolve outside of court. Each order who judge make not will give hostility to the parties. Because Alternative Dispute Resolution very gives pressure especially in conciliation. This is often because Alternative Dispute Resolution takes a more interventionist role and also takes suggest possible solutions. So, exactly not earn gainsay of different Dispute Resolution could be very easy to induce justice for resolve each the conflict that comes.